Swamscot Machine Co. v. Walker
Superior Court of New Hampshire
Assumpsit, on an account annexed to the writ. The items in dispute were _as follows : 1848, June 16. To 6865 lbs. of flue boiler, at 8 cts., $507.60 June 24. To 991J lbs. boiler front at 3| cts., 84.71 To fittings for boiler, 15.00 $557.31 The principal controversy related to the question, whether the contract for making the boiler was made with the plaintiffs by Walker, the defendant, or by Wing and Thompson, machinists.
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Assumpsit, on an account annexed to the writ. The items in dispute were _as follows : 1848, June 16. To 6865 lbs. of flue boiler, at 8 cts., $507.60 June 24. To 991J lbs. boiler front at 3| cts., 84.71 To fittings for boiler, 15.00 $557.31 The principal controversy related to the question, whether the contract for making the boiler was made with the plaintiffs by Walker, the defendant, or by Wing and Thompson, machinists. It was contended by the defendant, that the contract was made by Wing and Thompson, who had contracted to build for him a steam engine of certain dimensions, and to furnish…
1Opinion of the CourtEastman, J.
This action was brought against Walker, the defendant, to recover the price of a steam-boiler and fittings. There appears to be no controversy in regard to the making and furnishing of the boiler, but the defendant contends, that it was contracted for by Wing and Thompson, who are liable therefor, and not by himself. A verdict having been found for the defendant, the plaintiffs move to set the same aside, for supposed error in several rulings made by the Court below in the progress of the trial.
The first exception taken was to the admission of the seventh interrogatory and answer, contained…
2Cases cited7 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- McArthur v. SearsNew York Supreme Court · 1839
- Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Brown v. OsgoodSupreme Judicial Court of Maine · 1846
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